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HomeMy WebLinkAbout20200641 Ver 1_Buffer Approval Letter_20200528ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality May 28, 2020 DW R # 20-0641 Iredell County Phillip Rotella Lake Vision Development 2242 Longcove Ct. Sherrills Ford, NC 28673 Subject Property: 138 Attleboro Place, Mooresville AUTHORIZATION of Catawba River Riparian Buffer Protection Rules [15A NCAC 2B .0243 (9)(c)] with Additional Conditions Dear Mr. Rotella, You have our authorization, in accordance with the conditions listed below, to impact 120 square feet (ft2) of Zone 1 (Zone 2 doesn't apply) of the protected buffers as described within your variance request dated and received by the Division of Water Resources (DWR) on May 14, 2020. This letter shall act as your Variance Authorization as described within 15A NCAC 2B .0243(9)(c). In addition, you should get any other required federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control. This authorization shall expire five years from the date of this authorization. This authorization is only valid for the purpose and design that you described in your Variance Request. If you change your project, you must notify us and you may be required to send us a new request for authorization. If the property is sold, the new owner must be given a copy of this authorization and is thereby responsible for complying with all conditions. For this authorization to be valid, you must follow the conditions listed below. No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0243) shall occur to Zone 1 of the protected riparian buffers. This approval and all other paperwork associated with this approval shall be provided to the new owners. 2. Certificate of Completion Upon completion of all work approved within this Buffer Authorization, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Branch, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617 3. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or the next business day D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 vOry rN Cx:40:.itiA � N. a Io E".w^^�"��a°:r� /� 704.663.1699 if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 15A NCAC 02B .0200 If you do not accept any of the conditions of this authorization, you may ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This authorization and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under the Catawba Riparian Buffer Protection Rules [15A NCAC 2B .0243]. Please call Alan Johnson or Jennifer Burdette if you have any questions or require copies of our rules or procedural materials. Sincerely, EA DocuSigned by: 4-.� N Nuft for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachment cc: Paul Wojoski, Wetlands Unit (email) MRO, Land Quality CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion County: Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date